STATE OF TAMIL NADU Vs. A.KRISHNAMOORTHY

JUDGEMENT

(1.) This intra-court appeal is filed by the Respondents/State challenging the order dated 05.05.2017 whereby the Appellants were directed to consider the representation of the Respondent/Petitioner in light of the orders passed in G.O. (1D) No.286 School Education dated 19.07.2016, G.O.(Ms) No.1, School Education Department dated 02.01.2017 and G.O.(1D) No.238 School Education Department dated 07.04.2017.

(2.) The Respondent/Petitioner was appointed as a daily wage labourer by order dated 10.01.1990 of the third Appellant herein. Subsequently, 23 labourers, including the Respondent/Petitioner, approached the Tamil Nadu Administrative Tribunal by filing O.A.Nos.1702 of 1992 and O.A. No. 5918 of 1994 to appoint them on a time scale of pay. By order dated 09.12.1994, the Respondents therein were directed to create 75 posts and appoint the daily wage labourers, including the Respondent herein, to such posts. The special leave petition filed against the order of the Tribunal was dismissed.

(3.) Thereafter, G.O.Ms.No.22 dated 28.02.2006 was issued directing various departments of the Government to initiate action to regularize the services of the daily wage employees who had completed 10 years of service as on 01.01.2006. On the basis of the aforesaid G.O., a proposal was submitted and 71 posts were created for the purpose of daily wage employees who had completed 10 years of service as on 01.01.2006. The Government issued G.O.Ms.No.212, School Education Department dated 25.10.2006, and pursuant thereto, the Respondent/Petitioner was appointed as a Mazdoor on a time scale of pay by appointment order dated 27.10.2006, and the period of probation was declared on 11.11.2007. Subsequently, the Respondent/Petitioner submitted a representation to the Appellants herein to regularize his services from 1996 onwards but there was no response thereto.